Proceedings initiated on the basis of FIR would be untenable

Last updated: 13 February 2021

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The Supreme Court has ruled that criminal proceedings initiated based on a First Information Report (FIR) can be deemed untenable. This appeal concerns an FIR lodged for offences under Sections 363 and 366-A of the Indian Penal Code, alleging kidnapping for marriage. The court's decision suggests that the basis of the FIR itself may be insufficient to sustain legal proceedings.

Court :
Supreme Court

Brief :
The challenge in the present appeal is to an order dated16.10.2020 passed by the learned Single Bench of the High Courtof Punjab and Haryana whereby the petition filed by the appellantunder Section 482 of the Code of Criminal Procedure, 19731 was dismissed.

Citation :
Appeal Number : Crl.A. No.-000105-000105 / 2021

IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO. 105 OF 2021
(ARISING OUT OF SLP (CRIMINAL) NO. 6289 OF 2020)

VISHWAS BHANDARI .....APPELLANT(S)

VERSUS

STATE OF PUNJAB & ANR. .....RESPONDENT(S)

J U D G M E N T

Leave granted.

1. The challenge in the present appeal is to an order dated16.10.2020 passed by the learned Single Bench of the High Courtof Punjab and Haryana whereby the petition filed by the appellantunder Section 482 of the Code of Criminal Procedure, 19731 was dismissed.

2. An FIR No. 31 dated 27.1.2013 was lodged by Rashmi Adhen, wife of Mohanjit Singh for the offences under Sections 363 and 366-A of the Indian Penal Code, 18602. The allegations were that her eldest daughter, 17½ years of age, went out of her house on 23.1.2013 at about 12 noon in the absence of the complainant and herhusband. It was averred that Vikram Roop Rai and the present appellant had kidnapped her daughter by alluring her for the purpose of marriage.

To know more in details find the attachment file

FAQ :

The Supreme Court has ruled that criminal proceedings initiated on the basis of a First Information Report (FIR) can be untenable.

The FIR involved offences under Sections 363 and 366-A of the Indian Penal Code, 1860.

The allegations were that the appellant and another individual had kidnapped the complainant's daughter, who was 17 and a half years old, by alluring her for the purpose of marriage.

The appellant was challenging an order passed by the High Court of Punjab and Haryana which dismissed his petition filed under Section 482 of the Code of Criminal Procedure, 1973.

Attached File : 40_3283_24457_2020_43_8_25958_judgement_03_feb_2021.pdf

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